Thursday, November 6, 2014

What's the Time Limit for the State to File Charges against me? ~ Best Answer on AVVO ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1

Q:     How long does the state of Florida have to file charges from the day of arrest on a felony case for driving while license suspended habitual?


A:    Chosen as Best Answer by Asker on AVVO!


Licensed in FL
Michael Adam Haber

PRO

Criminal Defense Attorney - Miami, FL

Contributor Level 20

9

Lawyers agree
Answered . Florida rule of Criminal Procedure 3.191 is the speedy trial rule. In the case of a felony, if no delay is attributable to the Defendant, then the State has 175 days to take the case to trial. If, at the end of the 175th day the State fails to do (again, through no fault of the Defendant), then the Defendant may file a "Notice of Expiration", which triggers a hearing that must be set by the Clerk. If the Court finds that the Notice of Expiration is well-taken (i.e. that the Defendant properly filed it) then the State has until the 190th day (a maximum of an additional 15 days from the 175 day) to commence trial. If trial has not commenced by day 190 then the Defendant is entitled to discharge from prosecution.

Please take a look at my Avvo Legal Guide on speedy trial and statute of limitations issues in Florida.  It contains a great deal of information and may be helpful to you.  

Please see:  http://www.avvo.com/legal-guides/ugc/speedy-trial-and-the-statute-of-limitations-in-florida-courts ).

I hope that I have been helpful in answering your question. 



At Michael A. Haber, P.A. the goals in representing folks are A) to be honest and realistic about litigation objectives; B) to be fair in regard to fees; C) to be consistently available and responsive to the client (in person, by phone call, text, email, Facebook. Twitter and otherwise); D) to keep the client informed; and E) to secure your positive feedback / client review at the conclusion of each case.


At Michael A. Haber, P.A. "Its all about reasonable doubt"!


Michael A. Haber, Esq. is prepared to speak with you about your case!


Cell: 305-798-2220; Office: 305-381-8686; Toll Free: 1-888-SHARK-8-1




THIS BLOG POST (AS ARE ALL #HABERPA BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!  


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